Martin v. Great Falls Man'g Co.
Superior Court of New Hampshire
Assumpsit for money had and received. On the trial, the plaintiff produced the following memorandum in writing, viz : “ Borrowed of Noah Martin, for the Co., one hundred and fifty dollars. C. Cutler.
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Assumpsit for money had and received. On the trial, the plaintiff produced the following memorandum in writing, viz : “ Borrowed of Noah Martin, for the Co., one hundred and fifty dollars. C. Cutler. Jan’y 9, 1834.” And he proved that on the date of the memorandum, Cutler, the signer, who had been in the employ of the defendants, as a clerk, made application to him, saying he wanted the money for the company, as they had some settlements to make, and that it should be returned in a few days; and that he thereupon let Cutler have the money, taking the memorandum before mentioned. It appeared…
1Opinion of the CourtGreen, J.
The evidence clearly fails to show either that _ . Cutler had a general authority to borrow money on the credit of the company, or that any particular authority was given him to obtain the loan which is the subject of this suit; and unless the conduct of the defendants was such as to create a well founded belief in the plaintiff that he had general or special power for the purpose, the action cannot be sustained. Had Cutler, before the time of effecting the loan in question, frequently borrowed money of the plaintiff, and given assurances in the company’s name for repayment, and had the…
2Cited by1 opinion
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